Do New York Gov. Andrew Cuomo’s new draconian gun laws pass constitutional muster?

This is a question to be debated in the state Supreme Court following a lawsuit that was filed by Buffalo-based attorney James Tresmond.

In the lawsuit, Tresmond challenges the constitutionality of the NY SAFE Act on the grounds that it violates not one’s Second Amendment rights, but one’s Fifth and Fourteenth Amendment protections against government seizure of private property without “due process and just compensation.”

In an interview with the Utica Observer-Dispatch, Tresmond explained how his two plaintiffs, both gun owners who possess ‘assault’ weapons and ‘high’-capacity magazines will be forced to forfeit their property when the new laws take effect.

The plaintiffs “have several firearms that fall under this category … and they have money invested in these firearms and they’re really upset about it,” Tresmond told the Utica OD.

“If you can take somebody’s $20,000 gun or firearm without any compensation whatsoever, that’s criminal,” Tresmond added, noting that the case may be on its way to becoming a class action lawsuit.

State Supreme Court Justice Daine Devlin recognized the potential merit in Tresmond’s argument and has granted a preliminary injunction against the SAFE Act, meaning state Attorney General Eric Schneiderman must prove in court that, among other things, a retroactive ban on ‘high’-capacity magazines does not violate one’s Fifth and Fourteenth Amendment rights before the law goes into effect.

Oral arguments have been scheduled for April 25 but the state Attorney General’s Office has signaled that it will respond to the challenge to show cause by mid-March.